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IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. GIRISH, J
Shan Muhammed, S/o. Muhammed – Appellant
Versus
State Of Kerala – Respondent
| Table of Content |
|---|
| 1. accusations of abetment and conspiracy in sexual offences. (Para 1 , 2) |
| 2. details of the victim's allegations and the context. (Para 4 , 5) |
| 3. court's observations on evidence and credibility. (Para 6 , 11) |
| 4. insufficient evidence to support claims against the petitioner. (Para 7 , 8 , 9 , 10) |
| 5. legal requirements for establishing abetment. (Para 12 , 13) |
| 6. final ruling on the charges against the petitioner. (Para 14) |
ORDER :
G.GIRISH, J.
The 4th accused in S.C No.1168/2021 on the files of Additional Sessions Court (POCSO), Muvattupuzha, has filed this petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to quash the proceedings against him in the said case. The offences charged against him, along with the other three accused, are under Sections 450, 354-D,120B, 109, 201, 212, 506(ii), 376(2)(h), 376(2)(n), 313, 363, 370 read with Section 3 4 I.P.C and Sections 4 r/w 3(a), 3(b) and 3(c), 6 r/w 5(j)(ii) and 5(q), 8 r/w 7, 9(l), 11(iv) r/w 10, 21 r/w 19(1) of Protection of Children from Sexual Offences Act, 2012 and Section 67B(b) of IT Act, 2000 and Section 3 (4)(a) of the Medical Termination of Pregnancy Act, 1971.
2. The prosecution case is tha
Insufficient evidence to establish abetment or conspiracy in sexual assault cases; only charge under Section 21 of POCSO Act sustained.
The central legal point established in the judgment is the requirement for evidence to implicate a person for an offence, emphasizing the need for grave suspicion and the interpretation of 'knowledge....
The judgment establishes that intentional aiding in the commission of sexual offences against a minor, as per the provisions of the PoCSO Act, constitutes abetment, and the legal fiction of presumpti....
The court ruled that the obligation to report under the POCSO Act applies regardless of the accused's official capacity, and no sanction is needed for prosecution if the act is distinct from official....
The court affirmed the conviction of two accused under POCSO Act while modifying the sentence to ten years imprisonment based on the victim's reliable testimony and evidence.
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